Mexico Reforms Copyright Law To Protect Against AI, Voice Cloning

Mexico introduced an important legal reform on May 14, 2026, to the Federal Copyright Law aimed at strengthening the protection of image rights and especially performing artists from unauthorized uses involving the use of artificial intelligence and similar technologies.

Article 87 of the Federal Copyright Law provides that the likeness of a person can only be used with their authorization or that of their heirs. The right will last for the life of the individual plus 50 years. Thus, unlike other jurisdictions, the use of the image of an individual in Mexico requires permission, even after death. This right applies to everyone. No need to be famous.

The individual can always revoke the approval to use his image, unless payment is made in exchange. Such authorizations are to be narrowly construed. Any use not foreseen by the authorization would normally be prohibited.

The unauthorized use of the image of an individual may imply significant legal liability. A fine may be imposed by the Mexican Institute of Industrial Property, the same authority that protects patents and trademarks in Mexico. An award for damages may be issued also by civil judges, and the amount would be calculated based on at least 40% of the sales price to the public of the infringing product or, if the price cannot be determined, as per expert testimony.

Copyright Reform

The reform to the Federal Copyright Law establishes that advertising may be communicated to the public for a maximum term of one year from its first public communication. After that year, the holders of copyright and related rights incorporated in the advertising would have to authorize any further dissemination in exchange for additional compensation.

In practical terms, models, actors, performers and others whose image is used in advertising will have to authorize their further communication after the first year of publication and will be entitled to additional compensation for such use.

The above is especially relevant in the context of social media. If materials such as videos from a campaign are left visible in social media, then arguably they are still being communicated and those depicted in the materials could try to seek additional compensation, even if the materials are not being actively promoted. This means that after the first year since publishing them, the advertising materials should be actively removed from the respective social media accounts to avoid the risk that the individuals depicted therein could try to claim additional compensation past the first year of communication.

Another very important aspect is that the reform expressly foresees that AI technologies cannot be used to circumvent image rights. To create a recognizable image of an individual using such technology, prior consent is required. In addition, the legislation recognizes that performing artists have a right to authorize the imitation of their performances and/or voice using artificial intelligence technology. Accordingly, the legal requirement to obtain authorization for the use of an individual's likeness cannot be circumvented by using artificial intelligence. The individual depicted would still have to grant permission.

The fines for the unauthorized use of a person's image have also been raised. The amount of the fine may now exceed US$730,000, plus additional fines for each day that the alleged infringement subsists. 

On the other hand, it is important to consider that the reform introduces an exception for parody. The amended text of the law provides that the use of the image and/or voice of a performing artist for parody or satire will not be considered an infringement if it is not misleading to the public and does not intend to substitute the performing artist in the market. What this means is that parody is permitted if the public is not deceived into believing that the parody is the real performer or a simulation seeking to take the place of the performer. It shall be mentioned that this parody exception allows the use of the image and/or voice without authorization including the use of creations made with artificial intelligence technology.

In addition, it shall be mentioned that the reforms to the Federal Copyright Law have been supplemented by others to the Federal Employment Law to protect the rights of performing workers in respect to their employers. These reforms provide that the employment contract must expressly foresee the conditions and payments for the employee in respect to the use of the employee’s image and/or voice. A lack of a contractual provision would very likely be interpreted in the employee’s favor.

On the other hand, a seemingly unrelated but important aspect of the new legal framework is that it has created a right of exclusive use to protect the names of cultural or artistic events. The new provisions establish that the names of such events may be protected through a reservation of rights that will grant exclusivity for renewable one-year terms. The protection shall be granted by the Mexican Copyright Office, and the process tends to be relatively quick and straightforward when compared to trademark applications. This form of protection is independent from trademark protection, and both forms of protection could be sought. For example, the name of the event could be protected through the reservation of rights, but protection as a trademark could be sought in classes such as 25 of the Nice Classification to protect the merchandise related to the event.

Conclusion

The amendments elevate the legal protections enjoyed by individuals for authorizing the use of their image in Mexico and especially for performing artists such as actors, models, and dancers. The new legislation makes it clear that advertising agencies, filmmakers, and other parties may not avoid seeking authorization and paying for the use of their images and voices using generative AI.

Yet, there are also important legal uncertainties that remain. The one-year term to communicate advertising may be very difficult to implement in digital environments where content may be easily copied and disseminated, such as social media.